Remaining Stock definition

Remaining Stock has the meaning ascribed to such term in Section 5(b).

Remaining Stock means any Dynavax Adjuvant supplied by Dynavax to Customer or any of its affiliates pursuant to the Supply Agreement that (a) remain in the possession or control of Customer or any of its affiliates or their Licensees (including any such Dynavax Adjuvant in the physical possession of a third party contractor that is being held on behalf of Customer, its affiliate or a Licensee) as of the expiry or termination of the Supply Agreement or (b) are delivered by Dynavax to Customer or any of its affiliates after the expiry or termination of this Agreement in accordance with Section 15.

Remaining Stock shall have the meaning given to such term in Section 12.1.3.

Examples of Remaining Stock in a sentence

• Xxxx and Xxxxxxx have the right to manage the daily operations of Trans-Mex until fully marketable, registered voting shares of Swift Stock are delivered to Shareholders for the Remaining Stock.

• If for any reason, the Mexican Government prohibits Swift's acquisition of the Remaining Stock irrespective of Swift's right to be grandfathered under the current Foreign Investment Law, Swift shall not be obligated to acquire the Remaining Stock.

• The value of the Swift Stock to be exchanged for the Remaining Stock at each Triggering Event, as and when such Remaining Stock is transferable to Swift under provisions of the Foreign Investment Law, shall equal the average closing price of Swift Stock for the five (5) business days immediately preceding the day of each Triggering Event, as such closing prices are reported in the Wall Street Journal.

• Xxxx and Xxxxxxx, as well as two designated representatives from Swift, shall constitute the Board of Directors (or equivalent under Mexican law) of Trans-Mex until all Remaining Stock is acquired by Swift.

• Except as otherwise permitted hereunder, Swift shall cause no additional stock in Trans-Mex to be authorized or issued by Trans-Mex to any Person and Swift shall not sell, assign, pledge, hypothecate or otherwise dispose f any stock in Trans-Mex until (i) Swift has acquired all Remaining Stock, and (ii) Shareholder have received all fully marketable, registered, voting common shares of Swift Stock to which they are entitled under this Agreement.

More Definitions of Remaining Stock

Remaining Stock means (a) any Goods supplied by Dynavax to Customer or any of its affiliates pursuant to the Supply Agreement that remain in the possession or control of Customer or its affiliate as of the expiry or termination of the Supply Agreement and (b) any Goods that are delivered by Dynavax to Customer after the expiry or termination of this Agreement in accordance with Section 15.

Remaining Stock shall have the meaning set forth in Section 3.1(b). SALE shall have the meaning set forth in Section 3.3.

Remaining Stock means all Product and all materials, for, or used in, the manufacture thereof, including work-in-progress, Sheep Serum, and all livestock used, or kept, for, or in connection with, the manufacture of Product, and the cost of their slaughter and disposal;

Remaining Stock shall have the meaning set forth in Paragraph 2.1.

Remaining Stock has the meaning set forth in Section 2.2(b).

Remaining Stock shall have the meaning set forth in Paragraph 2.1. "SHAREHOLDERS" shall have the meaning set forth in the Preamble. "SOLID WASTE" shall mean any garbage, refuse, and other discarded material of Trans-Mex. "SWIFT STOCK" shall mean the publicly traded common stock of Parent traded on the NASDAQ under the symbol SWFT. "TAX" OR "TAXES" shall mean any taxes, levies, imposts, duties, fees, assessments, deductions, withholdings or other charges of whatever nature relating to any period ending on or prior to the Closing Date, or prorated if the Closing Date falls within any relevant tax period, whether imposed or assessed prior to or subsequent to the Closing Date, including without limitation, income, gross receipts, excise, property, sales, use, customs, value added, consumption, transfer, license, payroll, employee income, withholding, social security, and franchise taxes, imposed, assessed or levied by any Government or by any department, agency or other political subdivision or taxing authority thereof, against the Company, and any interest, penalties or additions to the foregoing. "TRAILING TWELVE MONTHS EARNINGS PER SHARE" shall have the meaning set forth in Section 2.2. 22 <PAGE> DATED as of the date first above written. SWIFT: TRANS-MEX: SWIFT TRANSPORTATION TRANS-MEX, INC. S.A. de C.V. CORPORATION By: Xxxxxxx X. Xxxxx, III By: Xxxxxxx Xxxxxx-Xxxxx -------------------------------- -------------------------------- Its: Senior Executive Its: General Administrator Vice President Approved, ratified and confirmed by Swift's Parent: SWIFT TRANSPORTATION CO. INC. By: Xxxxxxx X. Xxxxx, III -------------------------------- Its: Senior Executive Vice President SHAREHOLDERS: /s/ Xxxxxxx Xxxxxx -------------------------------- Xxxxxxx Xxxxxx /s/ Xxxxx Xxxxxx -------------------------------- Xxxxx Xxxxxx HUSBANDS: /s/ Xxxx Xxxxxx Xxxxx -------------------------------- Xxxx Xxxxxx Xxxxx /s/ Xxxxxxx Xxxxxx Xxxxx -------------------------------- Xxxxxxx Xxxxxx Xxxxx 23 <PAGE> AMENDMENT TO STOCK PURCHASE AGREEMENT XXXXXXXX A. SWIFT TRANSPORTATION CORPORATION, a Nevada corporation ("Swift"), TRANS-MEX, INC. S. A. de C. V., a corporation incorporated under the laws of the Republic of Mexico ("Trans-Mex"), the stockholders of TRANS-MEX, XXXXXXX XXXXXX ("Xxxxxxx") and XXXXX XXXXXX ("Xxxxx") (with Xxxxxxx and Xxxxx sometimes hereinafter collectively referred to as the "Individual Shareholders"), as well as the husbands of the Individual Shareholders, XXXX XXXXXX XXXXX ("Xxxx")...

Remaining Stock means the 17.5% of Company Stock not being purchased by Buyer on the Closing Date.